AL
Alabama Senate Bill SB297

Alabama 2023 Regular Session

Alabama Senate Bill SB297 Compare Versions

Only one version of the bill is available at this time.
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11 SB297INTRODUCED
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33 L9KIWA-1
44 By Senator Barfoot
55 RFD: Education Policy
66 First Read: 04-May-23
77 2023 Regular Session
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1313 6 L9KIWA-1 05/04/2023 KMS (L)cr 2023-1939
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1515 SYNOPSIS:
1616 Under existing law, the Alabama School Choice
1717 and Student Opportunity Act provides for the creation
1818 of public charter schools in the state.
1919 This bill would change the appointment process
2020 for the Alabama Public Charter School Commission, would
2121 authorize the commission to hire staff, and would
2222 require commissioners to receive annual training.
2323 This bill would provide additional guidelines
2424 for the authorizing and application review process.
2525 This bill would provide further for the
2626 operational and categorical funding of public charter
2727 schools in their first year of operation.
2828 This bill would also clarify that conversion
2929 public charter schools receive the full per pupil
3030 federal, state, and local revenue intended to support
3131 the conversion public charter school and its
3232 educational responsibilities to students.
3333 A BILL
3434 TO BE ENTITLED
3535 AN ACT
3636 Relating to the Alabama School Choice and Student
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6666 Opportunity Act; to amend Sections 16-6F-5, 16-6F-6, and
6767 16-6F-10, Code of Alabama 1975, to change the appointment
6868 process for the Alabama Public Charter School Commission; to
6969 authorize the commission to hire staff; to require
7070 commissioners to receive annual training; to provide
7171 additional guidelines for the authorizing and application
7272 review process; to provide further for the operational and
7373 categorical funding of public charter schools in their first
7474 year of operation; and to clarify the per pupil federal,
7575 state, and local funding of conversion public charter schools
7676 during their first year of operation.
7777 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7878 Section 1. Sections 16-6F-5, 16-6F-6, and 16-6F-10 of
7979 the Code of Alabama 1975, are amended to read as follows:
8080 "§16-6F-5
8181 (a) Open enrollment.
8282 (1) A public charter school shall be open to any
8383 student residing in the state.
8484 (2) A school system shall not require any student
8585 enrolled in the school system to attend a start-up public
8686 charter school.
8787 (3) A public charter school shall not limit admission
8888 based on ethnicity, national origin, religion, gender, income
8989 level, disability, proficiency in the English language, or
9090 academic or athletic ability.
9191 (4) A public charter school may limit admission to
9292 students within a given age group or grade level and may be
9393 organized around a special emphasis, theme, or concept as
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123123 stated in the school's charter application, but fluency or
124124 competence in the theme may not be used as a standard for
125125 enrollment.
126126 (5) A public charter school shall enroll all students
127127 who wish to attend the school, unless the number of students
128128 exceeds the capacity of the facility identified for the public
129129 charter school.
130130 (6) If facility capacity is insufficient to enroll all
131131 students who wish to attend a start-up public charter school,
132132 the school shall select students through a random selection
133133 process. The school shall first enroll students who reside
134134 within the school system in which the public charter school is
135135 located. If the number of local students wanting to enroll
136136 exceeds the facility's capacity, then the school shall conduct
137137 a random selection process to enroll students who reside in
138138 the local school system. If the school has additional capacity
139139 after admitting students from the local school system, then
140140 the school shall admit any students without regard to their
141141 residency by a random selection process. The selection shall
142142 take place in a public meeting, called by the governing body
143143 of the public charter school, and following all posting and
144144 notice requirements prescribed by the Alabama Open Meetings
145145 Act.
146146 (7) Any non-charter public school converting partially
147147 or entirely to a public charter school shall adopt and
148148 maintain a policy giving enrollment preference to students who
149149 reside within the former attendance area of that public
150150 school.
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180180 After all students who reside within the former
181181 attendance area of that public school are enrolled, enrollment
182182 shall first be opened to students residing within the local
183183 school system and then outside the local school system, as set
184184 forth in subdivision (6).
185185 (8) A public charter school shall give enrollment
186186 preference to students enrolled in the public charter school
187187 the previous school year and to siblings of students already
188188 enrolled in the public charter school.
189189 (9) A public charter school may give enrollment
190190 preference to children of a public charter school's founders,
191191 governing board members, and full-time employees, so long as
192192 they constitute no more than 10 percent of the school's total
193193 student population.
194194 (10) A public charter school may give enrollment
195195 preference to children living within a certain geographical
196196 boundary, so long as the overall enrollment of the public
197197 charter school includes a majority of at-risk students. The
198198 proposed boundary shall be approved by the authorizer.
199199 (10)(11) This subsection does not preclude the
200200 formation of a public charter school whose mission is focused
201201 on serving special education students, students of the same
202202 gender, students who pose such severe disciplinary problems
203203 that they warrant a specific educational program, or students
204204 who are at risk of academic failure. Notwithstanding the
205205 stated mission of the public charter school, any student may
206206 attend.
207207 (11)(12) This subsection does not preclude the
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237237 formation of a public charter school, that is located on or
238238 within one mile of a military installation, whose mission is
239239 focused on serving students who are dependents of military
240240 members or Department of Defense civilian employees that are
241241 permanently assigned to that military installation. If the
242242 number of dependent students wanting to enroll exceeds the
243243 facility's capacity, then the school shall conduct a random
244244 selection process to enroll those students. If the school has
245245 additional capacity after admitting those dependent students
246246 of parents assigned to the military installation, then the
247247 school shall admit students first from the local school system
248248 by a random selection process and then without regard to their
249249 residency by a random selection process, as capacity permits.
250250 The selection shall take place in a public meeting, called by
251251 the governing body of the public charter school, and following
252252 all posting and notice requirements prescribed by the Alabama
253253 Open Meetings Act. Once the total number of students enrolled
254254 in the school reaches 400, all additional admitted students
255255 shall be dependents of military members or Department of
256256 Defense civilian employees who are permanently assigned to
257257 that military installation.
258258 (b) Credit transferability. If a student who was
259259 previously enrolled in a public charter school enrolls in
260260 another public school in Alabama, the student's new school
261261 shall accept credits earned by the student in courses or
262262 instructional programs at the public charter school in a
263263 uniform and consistent manner and according to the same
264264 criteria that are used to accept academic credits from other
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294294 public schools. Nothing in this chapter shall prevent local
295295 school systems from administering placement tests for newly
296296 enrolled students who were previously enrolled in a public
297297 charter school.
298298 (c) Determination of student capacity of public charter
299299 schools. The capacity of the public charter school shall be
300300 determined annually by the governing board of the public
301301 charter school in conjunction with the authorizer and in
302302 consideration of the public charter school's ability to
303303 facilitate the academic success of its students, to achieve
304304 the other objectives specified in the charter contract, and to
305305 ensure that its student enrollment does not exceed the
306306 capacity of its facility or site.
307307 (d) Student information. A public charter school shall
308308 maintain records on all enrolled students utilizing the state
309309 adopted Alabama Student Information System (ASIM)."
310310 "§16-6F-6
311311 (a) Eligible authorizing entities.
312312 (1) A public charter school shall not be established in
313313 this state unless its establishment is authorized by this
314314 section. No governmental entity or other entity, other than an
315315 entity expressly granted chartering authority as set forth in
316316 this section, may assume any authorizing function or duty in
317317 any form. The following entities shall be authorizers of
318318 public charter schools:
319319 a. A local school board, for chartering of schools
320320 within the boundaries of the school system under its
321321 jurisdiction, pursuant to state law.
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351351 b. The Alabama Public Charter School Commission,
352352 pursuant to this section.
353353 (2) A local school board that registers as an
354354 authorizer may approve or deny an application to form a public
355355 charter school within the boundaries of the local school
356356 system overseen by the local school board.
357357 (3) All authorizing entities shall prioritize those
358358 applications that are focused on serving at-risk students.
359359 (4) A decision made by a local school board shall be
360360 subject to appeal to the commission. The commission may hear
361361 an application for the formation of a public charter school by
362362 an applicant only if one of the following factors is met:
363363 a. An application to form a public charter school is
364364 denied by the local school board overseeing that system and
365365 the applicant chooses to appeal the decision of the local
366366 school board to the commission.
367367 b. The applicant wishes to open a start-up public
368368 charter school in a public school system that has chosen not
369369 to register as an authorizer.
370370 (b) Public charter school cap.
371371 (1) Authorizers may not approve more than 10 start-up
372372 public charter schools in a fiscal year.
373373 (2) Upon receiving notice of approval of the tenth
374374 start-up public charter school to be approved in a fiscal
375375 year, the department shall provide notice to all authorizers
376376 that the cap has been reached and no new start-up public
377377 charter schools may be approved in that fiscal year.
378378 (3) The cap expires on April 1 immediately following
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408408 the conclusion of the fiscal year beginning October 1, 2020.
409409 (4) At the conclusion of the fiscal year beginning
410410 October 1, 2020, the department shall submit a report to the
411411 Legislature outlining the performance of both start-up and
412412 conversion public charter schools. This report shall include,
413413 at a minimum, academic performance of all public charter
414414 schools in the state, a detailed update on the authorizing
415415 process, and recommendations for adjustments to public charter
416416 school governance and oversight.
417417 (5) There is no limit on the number of conversion
418418 public charter schools that may be approved.
419419 (c) The Alabama Public Charter School Commission.
420420 (1) The commission is established as an independent
421421 state entity.
422422 (2) The mission of the commission is to authorize high
423423 quality public charter schools, in accordance with the powers
424424 expressly conferred on the commission in this chapter.
425425 (3)a. The initial membership of the commission shall be
426426 composed of a total of 11 members. consist of the following:
427427 The State Board of Education shall appoint 10 members, made up
428428 of four appointees recommended by the Governor, one appointee
429429 recommended by the Lieutenant Governor, two appointees
430430 recommended by the President Pro Tempore of the Senate, and
431431 three appointees recommended by the Speaker of the House of
432432 Representatives. The Governor, the Lieutenant Governor, the
433433 President Pro Tempore of the Senate, and the Speaker of the
434434 House of Representatives shall each recommend a list of no
435435 fewer than two nominees for each initial appointment to the
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465465 commission. One recommended initial appointee of the President
466466 Pro Tempore of the Senate and one recommended initial
467467 appointee of the Speaker of the House of Representatives shall
468468 be an appointee recommended by members of the Senate minority
469469 party and members of the House minority party, respectively.
470470 No commission member can be appointed unless he or she has
471471 been recommended by the Governor, Lieutenant Governor,
472472 President Pro Tempore of the Senate, or the Speaker of the
473473 House of Representatives.
474474 b. Commencing on the effective date of the act adding
475475 this paragraph, as the terms of the then serving members
476476 expire, the nominating authority for that respective serving
477477 member shall become the appointing authority for his or her
478478 successor on the commission so that the Governor shall appoint
479479 four members to the commission, the Lieutenant Governor shall
480480 appoint two members to the commission, the President Pro
481481 Tempore of the Senate shall appoint two members to the
482482 commission, and the Speaker of the House of Representatives
483483 shall appoint three members to the commission. At least one
484484 member appointed by the President Pro Tempore of the Senate
485485 shall be an appointee recommended by the Minority Leader of
486486 the Senate and at least one member appointed by the Speaker of
487487 the House of Representatives shall be an appointee recommended
488488 by the Minority Leader of the House of Representative.
489489 (4) The eleventh member of the commission shall be a
490490 rotating position based on the local school system where the
491491 application was denied. This member appointed to the rotating
492492 position shall be appointed by the local school system where
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522522 the applicant is seeking to open a public charter school. The
523523 local school system shall appoint a member to the rotating
524524 position through board action specifically to consider that
525525 application.
526526 (5)(4) The appointing authorities of the commission
527527 members shall strive to select individuals that collectively
528528 possess strong experience and expertise in public and
529529 nonprofit governance, strategic planning, management and
530530 finance, public school leadership, assessment, curriculum and
531531 instruction, and public education law. Each member of the
532532 commission shall have demonstrated understanding of and
533533 commitment to charter schooling as a tool for strengthening
534534 public education and shall sign an agreement to hear the
535535 appeal and review documents in a fair and impartial manner.
536536 (6)(5) Membership of the commission shall be inclusive
537537 and reflect the racial, gender, geographic, urban/rural, and
538538 economic diversity of the state. The appointing authority
539539 shall consider the eight State Board of Education districts in
540540 determining the geographical diversity of the commission.
541541 (7)(6) The initial appointments to the commission shall
542542 be made no later than June 1, 2015. Two recommended initial
543543 appointees of the Governor, one recommended initial appointee
544544 of the Lieutenant Governor, one recommended initial appointee
545545 of the Speaker of the House of Representatives, and one
546546 recommended initial appointee of the President Pro Tempore of
547547 the Senate shall serve an initial term of one year and two
548548 recommended initial appointees of the Governor, two
549549 recommended initial appointees of the Speaker of the House of
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579579 Representatives, and one recommended initial appointee of the
580580 President Pro Tempore of the Senate shall serve an initial
581581 term of two years. Thereafter, all appointees shall serve
582582 two-year four-year terms of office. All appointments shall be
583583 eligible for reappointment as determined by the appointing
584584 authority, not to exceed a total of six eight years of
585585 service, unless the member was initially appointed to serve a
586586 one-year term of office. If the initial term of office of an
587587 appointee was one year, he or she may serve a total of five
588588 nine years of service on the commission.
589589 (8)(7) A member of the commission may be removed for
590590 failure to perform the duties of the appointment. Whenever a
591591 vacancy on the commission exists, the appointing authority,
592592 within 60 days after the vacancy occurs, shall appoint a
593593 member for the remaining portion of the term in the same
594594 manner as the original appointment was made. A member of the
595595 commission shall abstain from any vote that involves a local
596596 school system of which he or she is an employee or which he or
597597 she oversees as a member of a local school board. The
598598 requirement to abstain does not apply to the rotating position
599599 on the commission.
600600 (9)(8) Six members of the commission constitute a
601601 quorum, and a quorum shall be necessary to transact business.
602602 Actions of the commission shall be by a majority vote of the
603603 commission. The commission, in all respects, shall comply with
604604 the Alabama Open Meetings Act and state record laws.
605605 Notwithstanding the preceding sentence, members of the
606606 commission may participate in a meeting of the commission by
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636636 means of telephone conference, video conference, or similar
637637 communications equipment by means of which all persons
638638 participating in the meeting may hear each other at the same
639639 time. Participation by such means shall constitute presence in
640640 person at a meeting for all purposes, including the
641641 establishment of a quorum. Telephone or video conference or
642642 similar communications equipment shall also allow members of
643643 the public the opportunity to simultaneously listen to or
644644 observe meetings of the commission.
645645 (10)(9) If the commission overrules the decision of a
646646 local school board and chooses to authorize the establishment
647647 of a public charter school in that local school system, the
648648 commission shall serve as the authorizer for that public
649649 charter school, pursuant to this chapter.
650650 (10) Each member of the commission, upon assuming
651651 office, shall complete an orientation program, and an annual
652652 training program thereafter, as developed by the commission.
653653 The orientation program shall focus on roles and
654654 responsibilities of charter school authorizers, laws impacting
655655 commissioners as public officials, general education laws, and
656656 best practices. In developing and implementing the programs,
657657 the commission may consult national or state organizations
658658 with training expertise. Before the start of each regular
659659 legislative session, the commission shall provide a report to
660660 each appointing authority regarding the implementation and
661661 effectiveness of the programs. Failure to attend and complete
662662 a required orientation or annual training program may
663663 constitute grounds for removal from the commission by the
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693693 appointing authority.
694694 (11) The commission may do any of the following:
695695 a. Utilize professional and administrative staff of the
696696 department as recommended by the State Superintendent of
697697 Education.
698698 a. Upon evaluation and agreement, share services,
699699 facilities, supplies, and related costs with the department.
700700 b. Adopt rules for the operation and organization of
701701 the commission.
702702 c. Review, at least once per year, department rules and
703703 regulations concerning public charter schools and, if needed,
704704 recommend to the State Superintendent of Education any rule or
705705 regulation changes deemed necessary.
706706 d. Convene stakeholder groups and engage experts.
707707 e. Seek and receive state, federal, and private funds
708708 for operational expenses.
709709 f. Employ professional, administrative, technical, and
710710 clerical staff, without regard to the state Merit System, who
711711 shall serve at the pleasure of the commission. Staff employed
712712 pursuant to this paragraph shall receive compensation and
713713 benefits established by the commission, payable in the same
714714 manner as state employees.
715715 f.(12) A commission member may not receive
716716 compensation, but shall be reimbursed by the department for
717717 travel and per diem expenses at the same rates and in the same
718718 manner as state employees.
719719 g.(13) The commission shall submit an annual report to
720720 the department pursuant to subsection (g).
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750750 (12)(14) In order to overrule the decision of a local
751751 school board and authorize a public charter school, the
752752 commission, in its own consideration of the application, shall
753753 do all of the following:
754754 a. Find evidence of a thorough and high-quality public
755755 charter school application from the applicant based on the
756756 authorizing standards in subdivision (8) of subsection (a) of
757757 Section 16-6F-7.
758758 b. Hold an open community hearing opportunity for
759759 public comment within the local school system where the
760760 application was denied.
761761 c. Find that the local board's denial of an original
762762 charter application was is not supported by the then current
763763 application and exhibits.
764764 d. Take into consideration all of the following:
765765 1. other Other existing charter school applications ,.
766766 2. the The quality of school options existing in the
767767 affected community ,.
768768 3. the The existence of other charter schools , and.
769769 4. any Any other factors considered relevant to ensure
770770 the establishment of high-quality charter schools in
771771 accordance with the intent of this chapter.
772772 e. Find evidence that the local school board erred in
773773 its application of nationally recognized authorizing
774774 standards.
775775 e. At least 15 days prior to consideration of the
776776 application, send a letter to the chair of the local school
777777 board where the denial originated informing the local school
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807807 board that the commission will hear the appeal pursuant to a
808808 public hearing and will provide the chair, or his or her
809809 designee, the opportunity to address the commission at that
810810 public hearing.
811811 (d)(1) A local school board may register with apply to
812812 the department for chartering authority within the boundaries
813813 of the school system overseen by the local school board. The
814814 department shall publicize to all local school boards the
815815 opportunity to register with apply to the state for chartering
816816 authority within the school system they oversee. By June 1 of
817817 each year, the department shall provide information about the
818818 opportunity, including a registration an application deadline,
819819 to all local school boards. To register apply as a charter
820820 authorizer in its school system, each interested local school
821821 board shall submit the following information in a format to be
822822 established by the department:
823823 (1)a. Written notification of intent to serve as a
824824 charter authorizer in accordance with this chapter.
825825 (2)b. An explanation of the local school board's
826826 capacity and commitment to execute the duties of quality
827827 charter authorizing, as defined by nationally recognized
828828 authorizing standards.
829829 (3)c. An explanation of the local school board's
830830 strategic vision for chartering.
831831 (4)d. An explanation of how the local school board
832832 plans to solicit public charter school applicants, in
833833 accordance with this chapter.
834834 (5)e. A description or outline of the performance
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864864 framework the local school board will use to guide the
865865 establishment of a charter contract and for ongoing oversight
866866 and evaluation of public charter schools, consistent with the
867867 requirements of this chapter.
868868 (6)f. A draft of the local school board's renewal,
869869 revocation, and nonrenewal processes, consistent with
870870 subsection (c) of Section 16-6F-8.
871871 (7)g. A statement of assurance that the local school
872872 board commits to serving as a charter authorizer and shall
873873 fully participate in any an annual authorizer training
874874 provided or required by the state approved by the department .
875875 (2) Once chartering authority is granted, the
876876 registered local school board shall reapply to be an
877877 authorizer every five years if the local school board wishes
878878 to continue serving as an authorizer.
879879 (e) If a local school board chooses not to register as
880880 an authorizer, all applications seeking to open a start-up
881881 public charter school within that local school board's
882882 boundaries shall be denied. Applicants wishing to open a
883883 public charter school physically located in that local school
884884 system may apply directly to the commission.
885885 (f) An authorizer may do all of the following:
886886 (1) Solicit, invite, receive, and evaluate applications
887887 from organizers of proposed public charter schools.
888888 (2) Approve applications that meet identified
889889 educational needs.
890890 (3) Deny applications that do not meet identified
891891 educational needs.
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921921 (4) Create a framework to guide the development of
922922 charter contracts.
923923 (5) Negotiate and execute charter contracts with each
924924 approved public charter school.
925925 (6) Monitor the academic, fiscal, and organizational
926926 performance and compliance of public charter schools.
927927 (7) Determine whether each charter contract merits
928928 renewal or revocation.
929929 (g) An authorizer shall submit to the State Board of
930930 Education a publicly accessible annual report within 60 days
931931 after the end of each school fiscal year summarizing all of
932932 the following:
933933 (1) The authorizer's strategic vision for chartering
934934 and progress toward achieving that vision.
935935 (2) The academic and financial performance of all
936936 operating public charter schools overseen by the authorizer,
937937 according to the performance measures and expectations
938938 specified in the charter contracts.
939939 (3) The status of the public charter school portfolio
940940 of the authorizer, identifying all public charter schools
941941 within that portfolio as one of the following:
942942 a. Approved, but not yet open.
943943 b. Open and operating.
944944 c. Terminated.
945945 d. Closed, including year closed and reason for
946946 closing.
947947 e. Never opened.
948948 (4) The oversight and services, if any, provided by the
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978978 authorizer to the public charter schools under the purview of
979979 the authorizer.
980980 (5) The authorizing functions provided by the
981981 authorizer to the public charter schools under its
982982 jurisdiction, including the operating costs and expenses of
983983 the authorizer detailed in annual audited financial statements
984984 that conform to generally accepted accounting principles.
985985 (6) All use of taxpayer dollars including expenditures,
986986 contracts, and revenues.
987987 (h) To cover costs for overseeing and authorizing
988988 public charter schools in accordance with this chapter, a
989989 local school board serving as an authorizer may do all of the
990990 following:
991991 (1) Expend its own resources, seek grant funds, and
992992 establish partnerships to support its public charter school
993993 authorizing activities.
994994 (2) Charge a portion of annual per student state
995995 allocations received by each public charter school it
996996 authorizes based on the following schedule:
997997 a. If the local school board authorizer has oversight
998998 over one to three, inclusive, public charter schools: Three
999999 percent of annual per student state allocations.
10001000 b. If the local school board authorizer has oversight
10011001 over four to five, inclusive, public charter schools: Two
10021002 percent of annual per student state allocations.
10031003 c. If the local school board authorizer has oversight
10041004 over six to 10, inclusive, public charter schools: One percent
10051005 of annual per student state allocations.
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10351035 d. These funds shall be used to cover the costs for a
10361036 local school board an authorizer to provide authorizing
10371037 services to its public charter schools.
10381038 (i) An employee, agent, or representative of an
10391039 authorizer may not simultaneously serve as an employee, agent,
10401040 representative, vendor, or contractor of a public charter
10411041 school of that authorizer.
10421042 (j) With the exception of charges for oversight
10431043 services as required in subsection (h), a public charter
10441044 school may not be required to purchase services from its
10451045 authorizer as a condition of charter approval or of a charter
10461046 contract, nor may any such condition be implied.
10471047 (k) A public charter school authorized by a local
10481048 school system may choose to purchase services, such as
10491049 transportation-related or lunchroom-related services, from its
10501050 authorizer. In such event, the public charter school and
10511051 authorizer shall execute an annual service contract, separate
10521052 from the charter contract, stating the mutual agreement of the
10531053 parties concerning any service fees to be charged to the
10541054 public charter school. A public charter school authorized by
10551055 the commission may not purchase services from the commission,
10561056 but consistent with this section, may purchase services from
10571057 the local school system where the public charter school is
10581058 located.
10591059 (l) The department shall oversee the performance and
10601060 effectiveness of all authorizers established under this
10611061 chapter. Persistently unsatisfactory performance of the
10621062 portfolio of the public charter schools of an authorizer, a
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10921092 pattern of well-founded complaints about the authorizer or its
10931093 public charter schools, or other objective circumstances may
10941094 trigger a special review by the department. In reviewing and
10951095 evaluating the performance of an authorizer, the department
10961096 shall apply nationally recognized standards for quality in
10971097 charter authorizing. If, at any time, the department finds
10981098 that an authorizer is not in compliance with an existing
10991099 charter contract or the requirements of all authorizers under
11001100 this chapter, the department shall notify the authorizer in
11011101 writing of any identified problem, and the authorizer shall
11021102 have reasonable opportunity to respond and remedy the problem.
11031103 (m) If a local school board acting as an authorizer
11041104 persists in violating a material provision of a charter
11051105 contract or fails to remedy any other authorizing problem
11061106 after due notice from the department, the department shall
11071107 notify the local school board, within 60 days, that it intends
11081108 to revoke the chartering authority of the local school board
11091109 unless the local school board demonstrates a timely and
11101110 satisfactory remedy for the violation or deficiencies.
11111111 (n) If the commission violates a material provision of
11121112 a charter contract or fails to remedy any other authorizing
11131113 problems after due notice from the department, the department
11141114 shall notify the commission, within 60 days, that it intends
11151115 to notify the Governor, the Speaker of the House of
11161116 Representatives, and the President Pro Tempore of the Senate
11171117 of the actions of the commission unless the commission
11181118 demonstrates a timely and satisfactory remedy for the
11191119 violation of the deficiencies. Along with this notification,
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11491149 the department shall publicly request in writing that the
11501150 Governor, the Speaker of the House of Representatives, and the
11511151 President Pro Tempore appointees comply with the requests of
11521152 the department or face a revocation of their appointment to
11531153 the commission.
11541154 (o) In the event of revocation of the chartering
11551155 authority of an authorizer, the department shall manage the
11561156 timely and orderly transfer of each start-up public charter
11571157 contract held by that authorizer to another authorizer in the
11581158 state, with the mutual agreement of each affected start-up
11591159 public charter school and proposed new authorizer. The new
11601160 authorizer shall assume the existing charter contract for the
11611161 remainder of the charter term.
11621162 (p) Authorizer power, duties, and liabilities.
11631163 Authorizers are responsible for executing, in accordance with
11641164 this chapter, the following essential powers and duties:
11651165 (1) Soliciting and evaluating charter applications
11661166 based on nationally recognized standards.
11671167 (2) Approving quality charter applications that meet
11681168 identified educational needs and promote a diversity of
11691169 high-quality educational choices.
11701170 (3) Declining to approve weak or inadequate charter
11711171 applications.
11721172 (4) Negotiating and executing charter contracts with
11731173 each approved public charter school.
11741174 (5) Monitoring, in accordance with charter contract
11751175 terms, the performance and legal compliance of public charter
11761176 schools.
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12061206 (6) Determining whether each charter contract merits
12071207 renewal, nonrenewal, or revocation.
12081208 (q) An authorizer that grants a charter to a 501(c)(3)
12091209 tax-exempt organization for the purpose of opening and
12101210 operating a public charter school is not liable for the debts
12111211 or obligations of the public charter school, or for claims
12121212 arising from the performance of acts, errors, or omissions by
12131213 the charter school, if the authorizer has complied with all
12141214 oversight responsibilities required by law, including, but not
12151215 limited to, those required by this chapter.
12161216 (r) Principles and standards for charter authorizing.
12171217 (1) All authorizers shall be required to develop and
12181218 maintain chartering policies and practices consistent with
12191219 nationally recognized principles and standards for quality
12201220 charter authorizing in all major areas of authorizing
12211221 responsibility including: Organizational capacity and
12221222 infrastructure; soliciting and evaluating charter
12231223 applications; performance contracting; ongoing public charter
12241224 school oversight and evaluation; and charter renewal
12251225 decision-making. The State Board of Education shall promulgate
12261226 reasonable rules and regulations to effectuate this section by
12271227 June 17, 2015.
12281228 (2) Authorizers shall carry out all of their duties
12291229 under this chapter in a manner consistent with such nationally
12301230 recognized principles and standards and with the spirit and
12311231 intent of this chapter. Evidence of material or persistent
12321232 failure to do so shall constitute grounds for losing charter
12331233 authorizing powers."
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12631263 "§16-6F-10
12641264 (a) Enrollment. Students enrolled in and attending
12651265 public charter schools shall be included in all enrollment and
12661266 attendance counts of students of the local school system in
12671267 which the students reside. The public charter school shall
12681268 report all such data to the local school systems of residence
12691269 in a timely manner. Each local school system public charter
12701270 school shall report such enrollment, attendance, and other
12711271 counts of students to the department in the manner required by
12721272 the department.
12731273 (b) Operational funding.
12741274 (1) The following provisions govern operational
12751275 funding:
12761276 a.1. In their initial year, and in subsequent years to
12771277 accommodate growth as articulated in their application,
12781278 funding for public charter schools shall be provided from the
12791279 Education Trust Fund in the Foundation Program appropriation
12801280 for current units. Subsequent year funding for public charter
12811281 schools shall be based on the Foundation Program allocation
12821282 and other public school Education Trust Fund appropriations.
12831283 In their initial year, and in subsequent years to accommodate
12841284 growth as articulated in their application, start-up public
12851285 charter schools shall be provided Foundation Program funding
12861286 by inclusion of anticipated enrollment as provided in the
12871287 approved charter application. During the fiscal year, the
12881288 resulting Foundation Program allocation shall be adjusted to
12891289 reconcile the variance between anticipated and actual funded
12901290 enrollment.
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13201320 2. A conversion public charter school shall be funded
13211321 at the same level as the school was funded prior to its
13221322 conversion to a conversion public charter school. All federal,
13231323 state, and local dollars allocated to support the conversion
13241324 public charter school shall be directly appropriated by the
13251325 local school board to the conversion public charter school
13261326 operator. Under no circumstances may the local school board
13271327 withhold funds for services without mutual agreement from the
13281328 conversion public charter school operator.
13291329 3. In addition to Foundation Program allocation, all
13301330 start-up public charter schools shall participate in other
13311331 Education Trust Fund and Public School Fund appropriations in
13321332 the same manner as any other non-charter public school system.
13331333 In addition to Foundation Program allocation, all conversion
13341334 public charter schools shall receive from the local school
13351335 board a pro rata share of other Education Trust Fund
13361336 appropriations.
13371337 b. For each of its students, a public charter school
13381338 shall receive the same amount of state funds, including funds
13391339 earmarked for the Foundation Program transportation, school
13401340 nurses, technology coordinators, and other line items that may
13411341 be included in the appropriation for the Foundation Program
13421342 Fund, that, for the then-current fiscal year, would have
13431343 otherwise been allocated on behalf of each public charter
13441344 school student to the local school system where the student
13451345 resides. This amount shall reflect the status of each student
13461346 according to grade level, economic disadvantage, limited
13471347 English proficiency, and special education needs.
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13771377 c. For each of its students, a public charter school
13781378 shall receive the same amount of local tax revenue, that, for
13791379 the then-current fiscal year, would have otherwise been
13801380 allocated on behalf of each public charter school student to
13811381 the local non-charter public school of each student's
13821382 residence, excluding those funds already earmarked through a
13831383 vote of the local school board for debt service, capital
13841384 expenditures, or transportation. As necessary, the department
13851385 shall promulgate processes and procedures to determine the
13861386 specific local revenue allocations according to the Foundation
13871387 Program for each public charter school.
13881388 d. The state funds described in paragraph b.a. shall be
13891389 forwarded on a quarterly basis to the by the department to all
13901390 start-up public charter school schools on the same schedule as
13911391 funds are forwarded to local school systems by the department.
13921392 The state funds described in paragraph a. shall be forwarded
13931393 to conversion public charter schools by the local school
13941394 system on the same schedule as funds are forwarded to local
13951395 school systems by the department. The local funds described in
13961396 paragraph c. shall be forwarded on a quarterly basis to the
13971397 public charter school by the local educational agency of the
13981398 student's residence, notwithstanding the oversight fee
13991399 reductions pursuant to Section 16-6F-6. Additionally, any
14001400 local revenues restricted, earmarked, or committed by
14011401 statutory provision, constitutional provision, or board
14021402 covenant pledged or imposed by formal action of the local
14031403 board of education or other authorizing body of government,
14041404 shall be excluded by the local educational agency of the
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14341434 student's residence when determining the amount of funds to be
14351435 forwarded by the agency to the public charter school.
14361436 e. The maximum annual local tax allocation forwarded to
14371437 a start-up public charter school from a local school system
14381438 shall, for each student, not exceed the per student portion of
14391439 the state required 10 mill ad valorem match.
14401440 f. The maximum annual local tax allocation forwarded to
14411441 a conversion public charter school from a local school system
14421442 shall, for each student, equal the amount that would have been
14431443 received by the local education agency of the student's
14441444 residence for each student who now attends a conversion public
14451445 charter school, minus any amounts otherwise excluded pursuant
14461446 to this section. In the event a local school system fails to
14471447 honor an agreement with a conversion public charter school
14481448 operator or if the local school system fails to forward the
14491449 annual local tax allocation to a conversion public charter
14501450 school as required by this subsection, the State
14511451 Superintendent of Education shall intervene pursuant to
14521452 Section 16-4-4, and allocate the local funds to the conversion
14531453 public charter school accordingly .
14541454 g. If necessary Annually, the department shall adopt
14551455 rules governing how to calculate and distribute these
14561456 per-student allocations , as well as any and ensure that these
14571457 per-student allocations are distributed directly to start-up
14581458 public charter schools and conversion public charter schools
14591459 on a per-student basis. The department shall adopt rules
14601460 governing cost-sharing for students participating in
14611461 specialized gifted, talented, vocational, technical, or career
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14911491 education programs.
14921492 (2) Categorical funding. The department shall direct
14931493 the proportionate share of moneys monies generated under
14941494 federal and state categorical aid programs to all public
14951495 charter schools, including start-up public charter schools and
14961496 conversion public charter schools, serving students eligible
14971497 for such aid. The state shall ensure that all public charter
14981498 schools with rapidly expanding enrollments are treated
14991499 equitably in the calculation and disbursement of all federal
15001500 and state categorical aid program dollars. Each public charter
15011501 school that serves students who may be eligible to receive
15021502 services provided through such programs shall comply with all
15031503 reporting requirements to receive the aid.
15041504 (3) Special education funding.
15051505 a. The state or a local school board shall pay directly
15061506 to a public charter school , including start-up public charter
15071507 schools and conversion public charter schools, any federal or
15081508 state aid attributable to a student with a disability
15091509 attending the school.
15101510 b. At either party's request, a public charter school
15111511 and its authorizer may negotiate and include in the charter
15121512 contract alternate arrangements for the provision of and
15131513 payment for special education services.
15141514 (4) Generally accepted accounting principles;
15151515 independent audit.
15161516 a. A public charter school shall adhere to generally
15171517 accepted accounting principles.
15181518 b. A public charter school shall annually engage an
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15481548 independent certified public accountant to do an independent
15491549 audit of the school's finances. A public charter school shall
15501550 file a copy of each audit report and accompanying management
15511551 letter to its authorizer by June 1. This audit shall include
15521552 the same requirements as those required of local school system
15531553 pursuant to Section 16-13A-7.
15541554 (5) Transportation funding.
15551555 a. The department shall disburse state transportation
15561556 funding to a public charter school on the same basis and in
15571557 the same manner as it is paid to public school systems.
15581558 b. A public charter school may enter into a contract
15591559 with a school system or private provider to provide
15601560 transportation to the school's students.
15611561 c. Public charter schools that do not provide
15621562 transportation services shall not be allocated any federal,
15631563 state, or local funds otherwise earmarked for
15641564 transportation-related expenses."
15651565 Section 2. This act shall become effective immediately
15661566 following its passage and approval by the Governor, or its
15671567 otherwise becoming law.
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